Chapter 15. The Legal Relationship

Abstract

The formulation of the concept of a legal relationship has its historical origins in Roman and Medieval law. This chapter begins by defining the concepts of legal situation, legal act, and legal transaction. The first element of legal relationships is the persons which comprise them. A second element essential for a legal relationship to exist is the object upon which it is based. The third component is the cause; the types of causes are quite varied: close and remote causes; subjective or individual causes and objective or social causes. In legal relationship, a correlation arises between a position of power, by its active owner, and the passive owner's subordinate position of duty. In a parent-dependent relationship, the children must obey parents and the parents have, amongst others, the duty to give them food, clothing and education. The chapter ends by discussing the types of legal relationships.Keywords: cause; legal act; legal relationship; legal situation; legal transaction; object; persons